travel team, we would like to thank the city and county of san francisco, also parks and rec. as a team we are proud to represent glens and very proud represent san francisco. we look forward to another successful season representing san francisco and glens in the coastal division. (applause) >> my name is dylan rogers; i play for the san francisco junior glens u11 team. they were formed in the spring of 2009. i was of the first tryout one sunday morning for the formation of a ua team.

four years later the club has 30 teams for all age groups, boys and girls club. the goal of the club is to provide soccer for any kid who wants to play while keeping fees at a minimum. i have been on the team for two years. we entered our first tournament just over one year ago and we beat them in the final. since then we have entered three more tournament, winning two and getting to the semi final of the third. we won the association cup in sacramento in december becoming the first san francisco team to do so. also won the league this year with 8-2 record, quite an achievement for our team in the first year as a travel team. the glens provide all equipment from uniforms, balls in practice equipment.

parents provide support for the kids. the kids provided the enjoyment for all o fus that watched. the game. it is a great club run by volunteers. there is no limit to what can be achieved. our goal as a team is to improve and represent san francisco at the highest levels in the state and beyond. (applause)

>> president: congratulations t san francisco glens. what do we go to the 3p.m. special order, items 27-30. >> public hearing of persons interested in the decision of the department of public works. item 28, motion approving. item 29 motion disapproving the department's decision. >> president: we have in front of us today an appeal of the tentative map of the project in capital avenue. we will consider whether it is consistent with the general plan. we will first hear from the appellant; then take of the comment

speaking on behalf of the appellant. we will hear from the department of public works. following will hear from the -- than people who wish to speak on behalf of the parties of interest. finally the appellant will have up to three minutes for a rebuttal. are there any objections to proceeding in this way? the district supervisor, supervisor avalos, they have any initial comments? >> supervisor avalos: we look forward to having a hearing on this item. this is a project that i have looked at for a number of years in my district since prior to becoming supervisor. this land was rezoned from public use to residential about a year and a half ago.

there's been a change of ownership for the project from a private developer that was going to build a smaller amount of affordable housing based on inclusionary to habitat for humanity project that would consist of 28 units, the original number of units in the original develop and plan. at a level of affordability good for san francisco. i am interested in hearing the arguments around this appeal and see how we can move forward with it. thank you. >> president: why do we not hear from the appellant. you have up to 10 minutes to describe the grounds for your appeal. >> reset the clock. >> hi thank for coming. my name is linda. i am here in support of the project.

what i am here to question is the eight foot square area behind our backyard at 273 sagamore. the previous land developers had approached me because he noticed that our backyards were not lined up with our neighbors. at the time there was a lot of pushback from the neighborhood, not much support for the project. offered to make a change to allow me and my family to use the area in the back of little bit so my father could have a garden. we have been doing that since 2011. he gave his word that it would be fine. after this conversation, i went as far as coming into the hearings to show my support. now that the approvals are in place

and we are where we are, i am being told to move off the property and have my 83-year-old family remove his plans and get rid of his garden. after two days of talking to the community about this i have eight pages worth of signatures from the community saying this is an outrage. not happy about it. a lot of these people are going to process against this. i am hoping that we can resolve this so we can continue to use it as it is. thank you for your consideration. >> thank you. colleagues, any questions to the appellant? why do we hear from members from the public who wish to speak on behalf of the appellant. any members of the public who wish to speak in behalf of the appellant?

>> supervisors. this is the city and county of san francisco. while this appellant was speaking there were people over here having a sidebar conversation with a result that most do not have a clue what the appellant was saying. the appellant is adversely impacted. if you supervisors were not paying attention how can you do due diligence? this happens again and again. this year we are having an appellant who said, and she did participate in all the the liberations of promises were made to her but now the eleventh hour she has been shafted. you guys have some conscience. stand up and do the right thing. thank you very much. >> next speaker please.

>> good afternoon supervisors my name is -- i fully support the comments made by the previous speaker. let's make it loud and clear. we are the ones that hired you. could you please give a favorable impression to the people back in dc and the east coast when they look at you like right now, because they don't believe some of the things i say. they could look for it themselves in person. since most of you were raised in public schools you ought to do a good job and show that the people in public schools raise good students. the ones in the catholic school i want make , any comments because you already know what you're supposed to be doing. if you're not sitting there i will ask sister superior to come in and do the usual knuckle rap.

i fully support the comment of the previous speaker. when people mention to you off the record how you behave, don't say i didn't warn you that you are being watched on the east coast. thank you. >> president: next speaker. >> my name is beverly hubbard i leave at 277 sagamore, right at the end where the project is opposed to end. they are already digging. it is the end of the project. my neighbor's garden is right next to my friends and i have been seeing him working. he is 83 years old.

does not speak that much english. his daughter represent him. he has been using the property for quite a while for his garden because it has been nothing out there; it's been a big empty lot for years. i have lived this in 1979. it's been empty all these years. i just could not understand how they could even build anything on the project. i am for habitat for humanity; it's a wonderful organization but i have a map that i got from the assessor's office a long time ago. it shows a whole block, all of the houses along the block, this one narrow strip of property where they will be building 28 houses. behind that is the lot 41 which belongs to the state. behind that is -- boulevard of the freeway.

these houses will be backed up to - we get noise from the freeway. i had i have double pane windows. people all along -- have wondered how they can put 28 houses on a property. i have nothing against it. (off mic) >> president: thank you very much. next speaker. >> members of the board of supervisors, ray hard, director of open government,

as the hawaiian say, happy new year. the first two speakers, i would like to concur with the remark. this is a legal process. these people are here and they are exercising their rights to appeal to this board of supervisors. if the board of supervisors will not sit and actually listen you are denying due process. i will be going to my lawyer and asking whether or not we got an appeal hearing. this board needs to understand that often in the city the only chance that any citizens has actually speak to the representatives or to this body as a whole is in this chamber. if you cannot respect people

exercising their constitutional rights, you should be ashamed. you took an oath just last week to support and defend the constitution of the united states and of the state of california. being respectful during the public comment is a minimum you can do. >> good afternoon board of supervisors. i want to agree with the other citizens of san francisco that spoken this issue. if i own property and got i don't own property in san francisco i would be appalled. this lady is trying to appeal to you all. come on now. thank you.

>> are there any other members of the public that wish to speak on behalf of the appellant. seeing none, let's hear from the city departments public works and planning, >> good afternoon this is bruce -- city and county surveyor. we receive the application in august of 2012. in the application, submittable in september 25. received approval from the planning department on oct. 24, and granted tentative approval on december 10. received the appeal on january 4. we of course don't have any issues with this; wanted to grant tentative approval.

>> terms of the board emily rogers, but slate of affairs for the planning department. you have the written material submitted. no reason why the subdivision should not be approved. the changes are minor. the changes to the location of the retaining wall, and the reduction to the footprint. these matters are not pertinent to the subdivision. there matters a concerned the building permit and should be appealed if that is a concern. second the written materials the appellant cited the change of ownership and is not a matter of the subdivision. the location and design of the housing is not related to the subdivision. the subdivision is where the lot line should be. the design of the location of the housing --

when the planning department reviews the subdivision application we asked the question is this project consistent with the general plan? in this case both the commission and the department, the answer was a resounding yes. the project will transform previously unused public land to affordable housing. this project was considered in 2010. many of the commission finds that you approved discuss the provision of affordable family home ownership housing that will be provided. at the time of your approval it was anticipated there would be four affordable units and this was widely lauded. since that time this is been bought by habitat for humanity which has kept the family size transformed hundred percent of the units to affordable housing.

this is not even more compliant with the general plan including the 2009 update. there has been no reason as to why the lot lines should not be drawn as proposed in with that we urge you to support this project. >> president: any questions from city staff? supervisor avalos. >> supervisor avalos: emory can you talk about the permit and environmental review about this project. you know what public process this is gone through? >> planning commission approved the conditional use; sql foundings. the rezoning was sent before

the board of supervisors which incorporated the general plan findings into your actions. that was also in august 3, 2010. >> thank you. >> president: why don't we go to the presentation of the real party interest. >> good afternoon supervisors. my name is meredith -- habitat for humanity greater san francisco. as you heard from the city and county supervisor, the map was approved. with numerous conditions. habitat has no objections to any of the conditions and will work directly with city staff to make sure all commissions are addressed. habitat purchased one acre site and its entitlement in may, 2012.

in advance of habitat taking ownership, habitat staff and consultants met with city staff, between june 2011 and february, 2012. outreach is an extensive. the proposed - as ms. rogers mentioned - the proposed development is in keeping with the project approved by the planning commission in 2010. the footprint remains the same. is now 100 percent affordable; units will be sold to qualified households earning between 50-80% of ami.

500 hours of sweat equity will be in lieu of a down payment. applicants must meet certain income guidelines, have minimum credit, and be able to perform the sweat equity. three-story, single-family townhomes, 11 2 bedroom units and 17 3 bedroom units. the site does present challenges. historically the grading of the area has happened a bowl, considerably lower than the connection point to -- boulevard. especially true to the condition behind ms. lam's home.

to provide for overland release of drainage should there be any issue, the project is designed with a retaining wall, and raises a grade for the drainage pattern. in addition there are no windows on the habitat homes facing ms. lams' property also for privacy. since closing on the side habitat has met with neighbors over the past years to discuss the development plans and to listen to neighbors concerns. we have sent letters, conducted door-to-door outreach and have met with small groups. specifically we spoke with ms. lam have a dozen times on the phone and in person and are committed to work with her to look at

alternative options for her plants currently situated on our property. this could include installing planters utilizing help from our volunteers. we are proud of the work in san francisco. we respectfully request that you denied this appeal. >> any questions? any members of the public who wish to speak in behalf of the real party of interest? okay. if not, let me ask the appellant if you could please step back up for up to three minutes for a rebuttal. >> we have met and we talked several times to work something out. the fact of the matter was there was an oral agreement between me and danny,

another they are the owners there is a breach of contract. they're trying to take that back. i am supportive of the organization, and supportive of the project this is still a breach of an oral contract. if i am not able to get support on this i will go ahead and try to appeal the permit before mentioned. i work 9-5, this is a home that i work hard and bought for my parents. my dad is 83 years old, he had a stroke, i pick him up every day. and asking for compassion and consideration and understanding that this is a breach of contract.

they came door-to-door to speak with everyone. as beverly mentioned that father has limited english. i work 9 to 5. i am not home to know who comes by the house from 9 to 5, door to door. the community is not happy about this. the area is mostly seniors. to see this happening to another fellow citizen is not right. thank you for your consideration. supervisor cohen. >> supervisor cohen: i want to make sure i understand exactly your issue. there was a promise made to you for the land in the back of your house? >> yes behind our back yard. >> that you would have unfettered access to. >> yes. our house is the first

one before the end. our yard runs a quarter of the size of everyone else. he allowed us to use the eight square-foot area. >> based on the plans put forward it would eliminate your father's ability to garden. >> exactly. >> mr. chair, may have an opportunity to call back up and to talk to the members of habitat? >> absolutely. >> mr. devon richardson or -- >> president: if we could ask our habitat of humanity person to come up. >> is there open space? >> there are private backyards, 26 of the homes are built

along the edge that faces highway 280, that caltrans property. they all have private backyards and access to that. >> what i am asking, is a roman the plans or room for some kind of shared public space? to take into consideration the community in existence to facilitate a sense of community? >> unfortunately the site is so tight that we don't have any common area. no space for it unfortunately. right now, the open space, landscaping that is behind this land's backyard is part of

a retaining wall system. >> president: supervisor cohen, do you mind speaking little closer to the microphone? perfect. >> supervisor cohen: is there a way to figure out how we can negotiate happy medium? i am thinking of ms. lam's father could volunteer services and help with landscaping, our volunteer and do some kind of gardening and did you homes that are going to be built? it seems like habitat of humanity is a worthy cause and lord knows we need affordable housing. and to rob a senior of the pure joy of gardening is a little off-putting. i wonder i